LAW OF THE AZERBAIJAN REPUBLIC

of November 2, 2012 No. 462-IVQD

About introduction of amendments to the Code of the Azerbaijan Republic about administrative offenses

Being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie decides Majlis of the Azerbaijan Republic:

Article 1

In the Code of the Azerbaijan Republic about administrative offenses (Collection of the legislation of the Azerbaijan Republic, 2000, No. 8, the I book, Article 584; 2001, No. 1, Article 24, No. 3, Article 139, No. 7, Article 455, No. 11, Articles 680, 698, No. 12, Article 731; 2002, No. 1, Article 9, No. 4, I book, Article 165, No. 5, Articles 234, 237, 239, No. 6, Article 326, No. 8, Article 463, No. 12, Article 692; 2003, No. 1, Articles 3, 13, 23, No. 4, Articles 177, 178, No. 5, Article 228, No. 6, Articles 257, 276, 279, No. 8, Articles 407, 425, No. 12, I book, Articles 676, 696, II book, Articles 713, 714; 2004, No. 1, Articles 6, 7, 10, 13, No. 4, Articles 200, 201, 204, No. 5, Articles 313, 314, 317, 321, No. 6, Article 397, No. 8, Articles 596, 597, No. 10, Articles 762, 779, No. 11, Article 900, No. 12, Article 973; 2005, No. 1, Articles 5, 6, No. 2, Article 61, No. 4, Articles 272, 273, 275, 278, No. 6, Articles 462, 466, No. 7, Article 576, No. 8, Articles 691, 692, No. 10, Articles 875, 877, 904, No. 11, Articles 993, 994, 995, No. 12, Articles 1083, 1085; 2006, No. 2, Articles 64, 68, No. 3, Articles 219, 220, 223, 225, No. 5, Article 385, No. 6, Article 478, No. 11, Articles 923, 924, 932, No. 12, Articles 1005, 1020, 1024; 2007, No. 1, Articles 3, 4, No. 2, Articles 65, 68, No. 5, Articles 397, 398, 401, 440, No. 6, Articles 560, 561, 562, 579, No. 8, Article 757, No. 10, Articles 935, 936, 938, 940, No. 11, Articles 1048, 1049, 1053, 1070, 1077, 1080, 1089, 1091, No. 12, Articles 1195, 1211, 1217, 1218, 1221; 2008, No. 2, Article 47, No. 3, Articles 146, 152, 159, No. 4, Article 249, No. 5, Article 340, No. 6, Articles 454, 460, 461, 464, No. 7, Articles 601, 602, 605, No. 8, Articles 699, 701, No. 10, Articles 884, 885, No. 11, Articles 956, 957, No. 12, Articles 1045, 1047, 1049; 2009, No. 2, Articles 36, 45, 49, 52, 53, No. 5, Articles 309, 315, No. 6, Articles 404, 405, No. 7, Articles 517, 518, 519, No. 8, Article 611, No. 11, Article 878, No. 12, Article 953, 954, 966, 971; 2010, No. 2, Articles 70, 71, No. 3, Articles 167, 171, 178, No. 4, Articles 275, 276, No. 5, Articles 379, 380, No. 6, Article 483, No. 7, Articles 577, 591, 594, 595, 598, 600, No. 10, Article 838, No. 11, Articles 936, 938, 949; No. 12, Article 1059; 2011, No. 2, Articles 70, 71, No. 3, Articles 162, 164, 167, 168, 170, No. 4, Articles 246, 254, No. 6, Articles 470, 479, 487, No. 7, Articles 596, 614, No. 10, Article 881, No. 11, Article 981, No. 12, Articles 1094, 1095, 1099, 1103, 1106; 2012, No. 1, Article 3, No. 2, Article 50, No. 3, Article 194, No. 4, Article 271, No. 5, Article 404, No. 6, Article 499, No. 7, Articles 649, 665, 667; The Law of the Azerbaijan Republic No. 416-IVQD of June 29, 2012) to make the following changes:

1. Add with Article 23.1.5-1 of the following content:

"23.1.5-1. Social jobs;".

2. In Article 25.5 to replace the word of "three" with the word of "five".

3. Add with Article 28-1 of the following content:

"Article 28-1. Social jobs

28-1.1. Social jobs consist in non-paid accomplishment-faced to which administrative punishment in the form of social jobs, socially useful works for benefit of society in time, free from work or study, is applied. Types of such works are established by relevant organ of the executive authority.

28-1.2. Social jobs are established for a period of sixty till two hundred forty o'clock and do not exceed four hours a day.

28-1.3. Social jobs cannot be applied to:

28-1.3.1. to disabled people of the first and second groups, children with limited opportunities of health;

28-1.3.2. to pregnant women;

28-1.3.3. to women under the care of whom there is child aged up to eight years;

28-1.3.4. to the women and men who reached retirement age;

28-1.3.5. the serviceman undergoing the valid compulsory military service at the call of on military service.".

4. In Article 31.1 after the words "administrative penalty" to add with words ", social jobs".

5. To state the sanction of Article 49 in the following edition:

- "attracts imposing of penalty on physical persons in the amount of one thousand five hundred to three thousand manats, on officials at the rate from three thousand to six thousand manats, on legal entities at the rate from fifteen thousand to thirty thousand manats.".

6. Exclude Article 159-1.

7. Add with Article 313-2 of the following content:

"Article 313-2. Non-execution of the resolution on application of administrative punishment in the form of administrative penalty and social jobs

313-2.1. Except for administrative penalty on making of administrative offenses against traffic regulations, non-execution of the resolution on application of administrative punishment in the form of administrative penalty without the bases established by the law within 3 months from the date of its introduction in legal force

- attracts application of social jobs for a period of hundred sixty till two hundred forty o'clock.

313-2.2. Non-execution of the resolution on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations without the bases established by the law within 3 months from the date of its introduction in legal force

- attracts restriction of the right to control of vehicles with term from six months to one year.

313-2.3. Evasion from execution of administrative punishment in the form of social jobs

- attracts administrative detention for up to fifteen days.

Note:

1. If person who made administrative offense, stipulated in Article 313-2.1 of this Code pays the corresponding penalty, penalty (in the cases established by this Code), and person who made administrative offense, stipulated in Article 313-2.2, corresponding penalty, penalty, vehicle delivery charge on the parking and its content on it before pronouncement of the resolution by court on the case of administrative offense, then it is exempted from the administrative responsibility.

2. In Article 313-2.3 of this Code it is meant "evasion from execution of administrative punishment":

2.1. absence on social job without reasonable excuse two or more times within a week;

2.2. violation of labor discipline in places of execution of administrative punishment in the form of social jobs two or more times within a week;

2.3. evasion from execution of administrative punishment in the form of social jobs.".

8. State Article 298 in the following edition:

"Article 298. Violation of procedure for the organization and holding meetings

298.1. Violation of the procedure for the organization and holding meetings, meetings, demonstrations, street processions and pickets established by the law from the organizer of meeting

- attracts imposing of penalty on physical persons in the amount of one thousand five hundred to three thousand manats, or, based on the circumstances of a matter, taking into account the identity of the offender, application of social jobs for a period of two hundred till two hundred forty o'clock or administrative detention for up to fifteen days; imposing of penalty on officials at the rate from three thousand to six thousand manats, on legal entities in the amount of fifteen to thirty thousand manats.

298.2. Participation in meeting, meeting, demonstration, street procession or picket which are not organized in the procedure established by the law

- attracts imposing of penalty in the amount of three hundred to six hundred manats, or, based on the circumstances of a matter, taking into account the identity of the offender, application of corrective works for a period of hundred sixty to two hundred manats or administrative detention for up to fifteen days. Note: If in the acts provided by Articles 298.1 and 298.2 of this Code there are actus reus signs, these acts attract criminal liability according to the relevant articles of the Criminal code of the Azerbaijan Republic.".

9. In Article 360.1 to exclude figures "159-1" and after figures "296-1," to add with figure "298,".

10. In Article 371.5 of the word "administrative expulsion out of limits of the Azerbaijan Republic foreigners and stateless persons" shall be replaced with words "expulsion of foreigners and stateless persons out of limits of the Azerbaijan Republic administratively or... corrective works".

11. In Article 398.1.1 after the words "in case of disobedience" to add with words "violation of procedure for the organization and holding meetings, meetings, demonstrations, street processions and pickets, evasion from execution of administrative punishment in the form of social jobs,".

12. In Articles 410-1.9 and 456.4 of figure "159-1" to replace with figures "313-2.2".

13. State Article 446.1.4 in the following edition:

"446.1.4. in the presence of the bases for release of person from the administrative responsibility according to this Code;".

14. Add with Articles 446.1.5 and 446.1.6 of the following content:

"446.1.5. in case of circumstances, stipulated in Article 28-1.3 of this Code, during execution of the resolution on application of administrative punishment in the form of social jobs;

446.1.6. in case of involvement of person concerning which the decree on the case of administrative offense, to the administrative responsibility for non-execution of this resolution according to Articles 313-2 is issued. 1, 313-2.2 or 313-2.3 of this Code.".

15. Add with Article 456-1 of the following content:

"Article 456-1. Execution of the resolution on social jobs

456-1.1. The resolution on application of administrative punishment in the form of social jobs is performed by the executive official in public the places established by relevant organ of the executive authority of the territory of accommodation of person to which this type of collection is applied.

456-1.2. Person to whom administrative punishment in the form of social jobs is applied is involved in accomplishment of social jobs no later than ten days from the date of receipt by the executive official of the resolution on the beginning of production.

456-1.3. The executive official records persons to whom administrative punishment in the form of social jobs is applied, explains them procedure and conditions of accomplishment of social jobs, approves the place of accomplishment of social jobs with relevant organ of the executive authority, controls behavior of persons to whom administrative punishment in the form of social jobs is applied, records the hours worked them.

456-1.4. Persons to whom administrative punishment in the form of social jobs is applied shall observe internal rules and procedures of the place of accomplishment of social jobs, treat honesty work, work at the places allocated to them during the term established by the court decree in case of change of the residence, report about it to the executive official.

456-1.5. Provision to person to whom administrative punishment in the form of social jobs is applied of the next leave on principle place of employment does not stop execution of administrative punishment in the form of social jobs.

456-1.6. If in case of execution of the resolution on application of administrative punishment in the form of social jobs there are circumstances, stipulated in Article 28-.1.3 of this Code, person to whom administrative punishment in the form of social jobs is applied, or his legal representative can take a legal action with the statement for the termination of execution of the resolution.

456-1.7. The term of administrative punishment in the form of social jobs is estimated in hours.

456-1.8. The term of administrative punishment in the form of social jobs is established at least twelve hours a week. The term of administrative punishment in the form of social jobs cannot exceed four hours on the weekend, ballot day which are not considered by workers holidays, day of national grief and time of person, free from the main work or study, to which administrative punishment in the form of social jobs is applied, on weekdays - two hours, and in case of the consent of the convict - four hours. In the presence of reasonable excuses the executive official permits the convict to perform work less than the term established in week.

456-1.9. In case of execution of administrative punishment in the form of social jobs the employer controls performance of work, established for persons to whom such type of collection is applied, records the hours fulfilled by them and reports to the executive official about evasion cases from accomplishment of social jobs.

456-1.10. If person to whom administrative punishment in the form of social jobs is applied violates rules of execution of administrative punishment in the form of social jobs, the executive official issues to it the official warning of the provided responsibility.

456-1.11. If person to whom administrative punishment in the form of social jobs is applied evades from execution of administrative punishment in the form of social jobs, the executive official constitutes the protocol on administrative offense, stipulated in Article 313-2.3 of this Code.".

Article 2

This Law becomes effective since January 1, 2013.

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